Bucholtz v. Sirotkin Travel, Ltd.

Memobandtjm. In this small claims action, plaintiff seeks to cast defendant travel agency into damages for reservations that went awry. Since it is undisputed that the travel agency had utilized the services of a wholesaler who had put together a ‘ * package tour, ’ ’ defendant contends on this appeal that the wholesaler alone is liable for any default in performance.

Allocation of responsibility in the case before us should proceed upon the .principles of .agency law. In our opinion, where, as here, there is no proof of an independent relationship between *334the retail travel agent and the…